Temporary Maintenance During Your Divorce

While you are going through a divorce in New York, temporary maintenance may be awarded to ensure that a lower earning spouse has an adequate standard of living during the time it takes to finalize the dissolution of the marriage. Temporary maintenance is the term used in New York law but many people may be more familiar with the terms temporary alimony or temporary spousal support.

In New York, the law provides a formula for assessing the amount of temporary maintenance to be paid. By law, temporary maintenance is mandatory when the income of one spouse is two-thirds or less than the income of the other spouse. Temporary maintenance guidelines only apply when this requirement is met.

If the formula kicks in, the higher earning spouse will be expected to pay temporary maintenance. There is a maximum cap for utilizing the formula on the income of the payor.

Under the guidelines, to determine an appropriate amount of temporary maintenance, the court selects the lesser figure that is arrived at by the following calculations:

• 30 percent of the income of the higher earning payor minus 20 percent of the income of the lower earning spouse
• 40 percent of the combined income of both spouses. The income of the lower earning spouse is subtracted from this figure.

You need attorneys who know how to fight for your rights throughout your divorce.